Fracking companies had extensive influence over a critical study of the groundwater impacts from fracking, according to insider documents released by Greenpeace. In 2010, amidst growing worries about the environmental impacts from fracking, Congress compelled the EPA to conduct a study. The study was supposed to be a definitive look at the issue, exploring if and how fracking contaminates groundwater supplies. That study was supposed to be released in 2012, but has been delayed until 2016. Documents released as part of Greenpeace investigation have found that the EPA was forced to rely on shale companies like Chesapeake Energy for data, funding, and access to fracking sites. The shale industry in turn constrained the study, limiting what could be studied and when. These constraints led to the eventual cancellation of perhaps the most important part of the study - the "prospective" section.
Industry Actions leads to the Cancellation of Science
When the EPA's study was first conceptualized, it was supposed to include retrospective and prospective portions. The retrospective pieces would examine data collected by the industry in the past. The prospective section was where new scientific study would be done. The prospective studies were supposed to take baseline data from groundwater in areas that had not yet been drilled, and compare them to samples taken after drilling and fracking occurred. This type of prospective study, which starts pre-fracking, has never been done before and represented a major advance in the scientific study of fracking's impacts. The prospective portions would be the most reliable way to determine whether oil and gas development contaminates surface water and nearby aquifers. One EPA scientist told Inside Climate News "The single most important thing you could do is prospective studies.” However, the EPA was reliant on two shale companies for access to areas that had not yet been fracked, an arrangement that led to the full cancellation of the entire prospective section of the EPA's study. Documents obtained by Greenpeace show that Chesapeake Energy, one of the companies that initially agreed to cooperate with the EPA on the prospective portions of the study, actually drilled wells at their prospective study site, before the EPA was able to collect baseline data. This effectively torpedoed the entire project, and attempts at replacing the location, originally in Louisiana, with one in Oklahoma, also ended in failure. The correspondence between Chesapeake and EPA includes a draft press release announcing the cancellation of the prospective study in Louisiana conducted with Chesapeake. The release blames the cancellation on "scheduling conflicts, " resulting in Chesapeake drilling the well before baseline data could be collected. The press release was jointly edited by EPA and Chesapeake, but never released to the public. The EPA would never publicly announce the cancellation of the prospective studies, and only after increased pressure from Greenpeace did they reference it's cancellation deep on the study's website. The second prospective study, to be conducted with Range Resources, has also been cancelled. The cancellation of the prospective pieces has had a major impact on the usefulness of the study. "We won’t know anything more in terms of real data than we did five years ago," said Geoffrey Thyne, a geochemist and a member of the EPA's 2011 Science Advisory Board, a group of independent scientists who reviewed the draft plan of the study. (from Inside Climate News)
Kids in Pennsylvania hold tap water contaminated by nearby shale drilling
Delay and Obstruct - Study attacked on all sides by Industry
The documents reveal a number of instances where the fracking industry delayed and obstructed the EPA’s attempts to study fracking. The industry waged an attack from every side, political, scientific, and procedural. As Sharon Kelly writes for Desmog, "Watered-down federal research weakens the possibility for future regulations. It also has been used to justify loopholes in federal environmental laws for the oil and gas industry." Kelly points out the 3 step process that various industries have employed to impact unwanted studies:
Step one: using a rhetoric of collaboration and “non-adversarial” relationships, the industry effectively establishes inside access to what otherwise should be an independent research process. This allows the industry to meddle with study methodologies, pick and chose its own favored experts, and distort findings. Step two: through inside access, the industry affords itself the authority to contest, after the fact, any findings that it is not able to water down on the front end. Step three: this access also allows industry the ability to impose infeasible methodological demands on the agency, slowing the process to a crawl and at times forcing the agency to give up trying to get answers to certain key questions.
This Pennsylvania resident's water changed color and taste after a fracked well was placed near her property.
Here is a list of findings from the documents:
- Chesapeake only allowed for baseline sampling after the fracking wells had initially been drilled, rather than beforehand, as EPA scientists preferred. Without having baseline data pre-drilling, the industry can claim that contaminates existed there before their drills pierced the aquifer. The Industry has claimed this in multiple cases where groundwater impacts from fracking have occurred.
- Chesapeake demanded the EPA reduce the depth of their study from 300 to 150 feet, and demanded that the EPA focus solely on the fracking stage, not drilling, completion, or other stages where contamination can occur.
- API and ANGA tried to have their own consultants shadow the EPA's scientists during the study. This proved to be distracting to the scientists conducting the study.
- At the same time, Chesapeake and Range, the two companies that were supposed to cooperating with EPA on the prospective study, were attacking other EPA studies of water contamination cases. While initially finding evidence of contamination from Chesapeake Energy wells in Pennsylvania and Range Resources wells in Texas, The EPA never pursued any regulatory action.
- Chesapeake was, as one EPA email put it “part of the team here” when it came to the water study.
- The Inspector General of the EPA tried to investigate “the EPA’s and states’ ability to manage potential threats to water resources from hydraulic fracturing.” In response, pro-fracking Congressional representatives demanded the investigation “immediately end.”
As Neela Banerjee writes in Inside Climate News: "The industry balked at the scope of the study and sowed doubts about the EPA's ability to deliver definitive findings. In addition, concerns about the safety of drinking water conflicted with the Obama administration's need to spur the economy out of recession while expanding domestic energy production."
A Chesapeake drilling site warns of water contamination
Does Fracking Contaminate Water Supplies?
Studies conducted since the EPA’s study began have found evidence that fracking affects groundwater supplies. A 2013 Duke University study found that within a kilometer of fracking wells, methane concentration in drinking-water wells was 6 times higher than the surrounding area. A University of Texas-Arlington study from 2013 found elevated levels of arsenic and heavy metals in groundwater near fracking sites in Texas’ Barnett Shale. See Greenpeace's fracking page for a list of groundwater contamination incidents.
New internal documents obtained by the Center for Media and Democracy (CMD) reveal new methods that fossil fuel companies, agrochemical interests and corporate lobbying groups will influence certain state policies in the coming months through the American Legislative Exchange Council, or ALEC.
ALEC's annual meeting is taking place in Chicago this week, just as Common Cause and CMD have filed a complaint to the IRS over ALEC's corporate-funded "Scholarships" for state legislators--ALEC is a tax exempt non-profit despite their mission of facilitating an exchange of company-crafted laws with state legislators in closed-door meetings.
ALEC's Energy, Environment and Agriculture task force is drafting new model bills on behalf of its members like Duke Energy, ExxonMobil, Koch Industries and Peabody. ALEC's anti-environmental agenda in Chicago is available for viewing (see E&E PM and Earthtechling). These are the new model bills ALEC and its energy, chemical and agricultural interests are finalizing this week.
The Market-Power Renewables Act and the Renewable Energy Credit Act: ALEC and other Koch-funded State Policy Network groups like the Heartland Institute haven't had much success with their attempts to repeal state renewable portfolio standard (RPS) laws through the ALEC/Heartland Electricity Freedom Act. The Market-Power Renewables Act and Renewable Energy Credit Act are two newer, more subtle attempt to weaken RPS laws by phasing in a renewable power voluntary program, creating space for existing and out-of-state energy credits to displace new clean energy, and eventually repealing the RPS requirements entirely.
To slow the growth of clean energy competition, ALEC's fossil fuel members wrote these bills to allow increasing portions of a states clean energy generation requirements to be fulfilled by Renewable Energy Credits, or RECs. RECs are allowed to qualify in some states' RPS laws already, often in limited amounts, and they are not created equal. For instance, the benefits of burning gas leaking from landfills--something waste management companies would be selling anyway--are not on par with the societal benefits from building new sources of clean energy and displacing older, dirtier sources. You can see why ALEC member companies like American Electric Power or Duke Energy may take issue with this, given their reliance on coal and gas electricity generation.
Increasing the amount that RECs can qualify for state RPS targets means allowing more out-of-state energy. This could displace in-state jobs and economic benefits from clean energy development. The RECs may also come from sources that aren't defined as "renewable" in some states' RPS laws, or are only allowed in limited amounts, such as hydropower, biomass or biogas, creating a lowest common denominator effect. At the end of any given year, the ALEC bill would allow states to bank any extra energy generated from RECs beyond what the RPS law requires and use them to meet RPS targets for the following year. This could continually delay the growth of new, clean energy.
Resolution in Opposition to a Carbon Tax: Despite support for a carbon tax from ALEC members like ExxonMobil, ALEC is creating a model bill to weigh in on what will become the keystone policy battle for climate change science deniers, a battle that is already creating a rift among conservative groups, like the Koch-funded Heritage Foundation and the Heartland Institute against the R Street Institute. R Street formed when Heartland's Fire, Insurance and Real Estate program split away last year, after Heartland's insurance company funders were uncomfortable with the group comparing those who acknowledge climate change to the Unabomber.
Pre-Emption of Local Agriculture Laws Act: This bill would prevent governments under the state level (cities, towns, counties) from creating new laws or enforcing existing laws that have to do with the regulation of seeds and seed products--ie crops, flowers, and pretty much all food products grown in a state. This would allow companies like Monsanto (indirectly represented in ALEC through its membership in CropLife America, an agrochemical front group and ALEC energy task force member) to bottleneck regulations of their GMO seeds and products at the state government level and stop community resistance to their abusive patent laws and enforcement through lawsuits.
For examples of what ALEC has already been busy with this year, check out PR Watch's roundup of 77 anti-environmental ALEC bills that have popped up in state legislatures in 2013, supporting the Keystone XL tar sands pipeline project, rolling back renewable energy incentives and making it illegal to document animal abuse, among other issues.
More info on ALEC's broader corporate agenda can be found on ALEC Exposed.
As many people who watch the oil industry know, oil spills are not avoidable, preventable, or unlikely. From extraction to combustion, oil is a destructive and dirty business, based on sacrificing the health of environments and peoples for corporate profits.
This fact was especially evident last week, when Exxon’s Pegasus pipeline spilled over 150,000 gallons of toxic tar sands crude oil into Lake Conway and adjoining neighborhoods in Mayflower, Arkansas.
However, Exxon’s Mayflower spill is not an isolated incident. In fact, there were three other significant oil spills that occurred last week.
The spills, which were the result of both train derailments and pipeline ruptures, spilled many hundreds of thousands of gallons of toxic crude oil in and around neighborhoods, marshes, and rivers.
March 26 - Train Derailment in Minnesota - 30,000 gallons of crude oil spilled
Last week's cacophony of oil industry irresponsibility began with a train derailment in Minnesota, which spilled 30,000 gallons of crude oil. The oil was from Canada which has become a top exporter of crude to the United States because of their exploitation of the tar sands in Alberta.
In a fit of ill-timed opportunism, supporters of the Keystone XL pipeline, which would pump tar sands oil from Canada to the gulf coast, used this this spill as a justification for building the tar sands pipeline. A spokesman for North Dakota Senator John Hoeven, who has been one of the chief political proponents of the Keystone XL pipeline, had this to say:
"It should be clear that we need to move more oil by pipeline rather than by rail or truck...This is why we need the Keystone XL. Pipelines are both safe and efficient."
March, 29 - Lake Conoway, Arkansas - 156,000 gallons of tar sands crude oil spilled
In an incident that should make anyone question the "safety and efficiency" of oil pipelines, Exxon’s Pegasus Pipeline spilled 157,000 gallons of tar sands crude into Lake Conway and surrounding neighborhoods in Arkansas. Since the spill, Exxon has limited press access to the spill site, oiled animals, and even the skies above the spill area. Exxon has even claimed that Lake Conway has been unaffected by the oil spill, though Arkansas Attorney General Dustin Mcdaniel has set that particular record straight.
"Of course there's oil in Lake Conway"
April, 3 - Houston, Texas - 30,000 gallons of crude oil spilled
Four days after Exxon's Pegasus pipeline ruptured and seven days after Keystone XL pipeline proponents claimed "pipelines are both safe and efficient," a Shell pipeline running through a bayou outside of Houston spilled 30,000 gallons of oil into the Texas marsh. The actual amount of oil spilled by Shell's West Columbia Pipeline is still unknown, as the cause of the leak has not been released by Shell.
April, 3 - White River, Ontario - 16,642 gallons of crude oil spilled
At the same time that Shell was spewing oil into the wetlands of Texas, a train derailment in White River, Ontario was leaking oil in Canada. Most people know White River as the original home of Winnie the Pooh, but it is also a major train depot for shipping crude oil. The company responsible claimed that 4 barrels of oil were spilled, though the actual number turned out to be 10 times larger, at 400 barrels. That's 16,642 gallons of toxic crude oil. Sorry Winnie.
As the oil industry proved this week, they are incapable of protecting people and the environment from their product. As Micheal Brune of Sierra Club said:
"In Ontario, the company said it spilled four barrels when it had actually spilled 400. In Arkansas, Exxon learned about the spill from a homeowner but kept pumping tar sands crude into the neighborhood for 45 minutes, and is bullying reporters who want to tell the public what's going on. In Texas, a major oil spill came to light that Shell had been denying for days. Transporting toxic crude oil -- and tar sands in particular -- is inherently dangerous, more so because oil companies care about profit, not public safety. This is why Keystone XL, at nine times the size of the Arkansas Pegasus pipeline, must never be built.”
If built, the Keystone XL pipeline will spill. Stop the Keystone XL pipeline.
Will ALEC block EPA coal pollution safeguards at Illinois' controversial Prairie State Energy Campus?
The U.S. Securities and Exchange Commission is investigating the Illinois-based Prairie State Energy Campus, a combined coal mine and power plant spearheaded by Peabody Energy, co-owned by eight public power companies based in the Midwest. Numerous cost overruns from construction delays and equipment problems at the Campus resulted in customers in several states having to pay for power well above market price.
While Peabody defends Prairie State Energy Campus (PSEC) from SEC scrutiny, a corporate front group has developed copycat legislation that could exempt dirty projects like PSEC from national clean air and water laws.
A model state bill developed by the American Legislative Exchange Council (ALEC) would block federal pollution regulations when coal is mined and then burned or altered within the borders of a single state. The "Intrastate Coal and Use Act," created within ALEC's Energy, Environment and Agriculture task force, is ideal for projects like Prairie State Energy Campus, which mines and burns coal on site.
By exempting the U.S. Environmental Protection Agency from overseeing permits for projects like Prairie State, ALEC's Intrastate Coal and Use Act leaves regulation to state agencies, which may have weaker pollution standards or simply lack enough staff to do their jobs, as the gas fracking boom has demonstrated.
Peabody itself is a member of ALEC's anti-environmental task force, which readied the Intrastate Coal and Use Act for national distribution, and a member of ALEC's Private Enterprise Board, which may explain ALEC's role in promoting the Prairie State Energy Campus.
Materials leaked to Greenpeace after ALEC's most recent conference in Washington DC show that the American Coalition for Clean Coal Electricity, a coal front backed by companies including Peabody, was showcasing Prairie State at ALEC's conference. Files in a USB drive branded with the ACCCE logo contained three promotional videos for PSEC while a paper folder with the ACCCE logo contained a promotional brochure for the Campus.
The ALEC model does not appear to have been introduced in Illinois, although ALEC has been busy pushing a wishlist of state laws for its dirty energy members companies like Peabody, Duke Energy and ExxonMobil.
One of ALEC's national priorities this year is to un-legislate state incentives for clean energy under the false premise that they have an adverse impact on electricity rates. While there appears to be no significant correlation between state clean energy standards and raised utility rates, the Prairie State Energy Campus is raising electricity prices, as reported last July in the St. Louis Post-Dispatch:
The St. Louis suburb [Kirkwood] needed a stable, long-term power source. The plant’s developers needed customers. The parties struck a deal — a 30-year contract that would supply more than half of Kirkwood’s electricity beginning in late 2011. The kicker: The energy produced at Prairie State would be cheap compared with market power prices at the time.
But now, as the first of two 800-megawatt generating units at Prairie State begin operations — six months late — the plant hardly seems the bargain it did five years ago.
The $5 billion price tag is 25 percent more than when the city signed on, driving up the price of electricity that Kirkwood and other cities are obligated to buy. And construction delays mean the city is getting nothing for the monthly $296,000 checks it began writing to Prairie State’s owners in February.
Because ALEC peddles copycat laws that benefit dirty and expensive coal projects while attacking clean energy incentives, renewable energy interests like the American Wind Energy Association and the Solar Energy Industries Association have abandoned ALEC.
History of ALEC's Adoption of the Intrastate Coal and Use Act:
An ALEC legislator in West Virginia named Gary Howell introduced a version of the Intrastate Coal and Use Act back in 2011; his bill inspired the current model bill that ALEC is distributing. Delegate Howell suggested that all of the top 20 coal producing states consider his legislation, indicating where watchdogs should keep their eyes peeled for ALEC's model legislation.
While the bills weren't passed in 2011, West Virginia is again considering the Intrastate Coal and Use Act in the 2013 session, renewing their attempts to keep the EPA from overseeing permits to burn coal from mountain top removal.
Another version of the Intrastate Coal and Use Act has surfaced in Kentucky.
In fact, it was the Kentucky-based Bluegrass Institute that sponsored ALEC's Intrastate Coal and Use Act within ALEC's anti-environmental task force, apparently based off of what WV Del. Howell has been introducing into his own legislature. Like ALEC, the Bluegrass Institute is a member of the State Policy Network, an umbrella organization for state and national think tanks and interest groups that are usually funded by the Koch brothers and company.
Coal's Broken Promises: Not Cheap, Not Clean
A 2005 Peabody company newsletter shows that PSEC was supposed to cost $2 billion, less than half its actual price. The cost estimate was later doubled to $4 billion before reaching its actual $5 billion price tag. According to a 2012 report by the Institute for Energy Economics and Financial Analysis:
Instead of being a source of low cost electricity, the first year cost of power from Prairie State is 40 to 100 percent higher than the current cost of power in the Midwest wholesale markets and is expected to remain higher than market prices for the next ten to thirteen years, if not longer.
The Campus proposal was supported by former Illinois Governor Rod Blagojevich (currently serving a 14-year prison sentence for corruption charges), who publicly supported construction of the plant and ate up Peabody's false promises of cheap energy. In Big Coal, author and journalist Jeff Goodell notes that Peabody's desire to build its own coal plant was to help burn its own reserves of high-sulfur coal from Illinois, which the market did not have much of an appetite for. A representative of the Illinois Office of Coal Development told Goodell, "Most power plants are built in order to generate electricity. Prairie State was really conceived more as a platform to burn Peabody coal." While Peabody sold all but 5% of its stake in PSEC to eight nonprofit power companies, it has been the driving force behind the Campus since 2001.
Goodell noted that even with its highly-touted pollution control equipment, PSEC is still a dirty coal plant. It still emits hazardous particulates, acidic gasses and heavy metals. It still dumps immense amounts of carbon dioxide into our atmosphere, the key greenhouse gas that is contributing to global climate change:
"Prairie State will emit more than 11 million tons [of carbon dioxide] a year, marginally less than a similar size coal plant built thirty years ago, but more than twice as much as every vehicle sold by the Ford Motor Company in a single year."
Illinois' bind demonstrates the lose-lose situation promoted by the coal industry: drink and breathe our pollution now, and pay more...now and later.
As clean energy becomes increasingly viable, even without considering the costs of fossil fuel pollution and climate change, some cities are taking matters into their own hands, including [the ironically-named] Carbondale Illinois, which recently established that 100% of its power will come from clean energy. Cincinnati, Ohio dumped Duke Energy and made a similar commitment, as have all municipal facilities in Austin, Texas.
But clean energy advocates be warned: the more the American public recognizes that 19th Century energy like coal is a thing of the past, the more the dirty energy industries are going to spend big to desperately defend their bottom lines.
Virginia Attorney General Kenneth Cuccinelli is working with coal companies and State Policy Network groups backed by Koch Industries to rollback VA's voluntary clean energy program.
In states across the country, the American Legislative Exchange Council--or ALEC--and other State Policy Network groups are lining up to roll back clean energy laws, an effort complimented by captured politicians like Mr. Cuccinelli.
Ken Cuccinelli is a former ALEC member, and he's working with ALEC member company Dominion Resources to end Virginia's clean energy program. The same Dominion that just gave him $10,000 for his run for governor, on top of almost $46,000 in previous years for other political positions.
While Virginia's voluntary renewable portfolio standard is far from perfect, it's neither helpful nor inspiring for Mr. Cuccinelli to scrap the program altogether on behalf of a few vested dirty energy interests.
Rather, as Chesapeake Climate Action Network suggests, Virginia's law needs to be strengthened in ways that increase clean energy production and the good jobs that come with it. Both Cuccinelli and CCAN agree the law has flaws and loopholes that don't properly incentivize new clean energy development within the state of Virginia. Some of the law's weaknesses:
- Dominion Virginia and Appalachian Power have each qualified for ratepayer subsidies without actually building any new clean energy facilities in Virginia.
- The law's loose definition of "renewable energy" ensures that filthy energy qualifies for government support, including burning gas collected from landfills and producing energy from trash incineration, which is dirtier than burning coal and are usually located in areas with disproportionately high populations of people living in poverty, often people of color.
- Unambitious targets for the proportion of renewable energy production by 2025.
- The program is voluntary in the first place.
So far, Mr. Cuccinelli has not seemed to notice legislation alternatives proposed by CCAN that would "tie any RPS bonuses to investment in Virginia-made wind and solar energy. This solution will ensure that Virginians are getting the benefits of a cleaner environment. It also creates a market that fosters growth in the renewable energy sector which will create thousands of jobs within our borders."
Ken Cuccinelli and Climate Science Intimidation:
The point of making clean energy competitive with dirty fossil fuels is to keep our air and water clean and avoid runaway climate change, an issue where Ken Cuccinelli has been aggressively counterproductive.
Mr. Cuccinelli is well known for his harassment of Michael Mann, a climate scientist vilified by industry apologists for creating the "Hockey Stick" graph illustrating the increase of average global temperature measurements over the last millennium.
Mirroring the scientifically unfounded attacks of State Policy Network outfits like the Competitive Enterprise Institute and American Tradition Institute, Cuccinelli was heavily criticized by a Virginia judge for not having an "objective basis" for accusations of fraudulent research at the University of Virginia. Cuccinelli's persecution of science has even put off other climate science deniers, according to a Greenpeace Freedom of Information Act request.
Demonstrating direct cooperation with Koch-funded State Policy Network groups, Ken Cuccinelli will attend an Americans for Prosperity event in Richmond, VA on February 7. Tea Party activists will be bussed in on the dime of Koch and other AFP donors to hear Cuccinelli speak along with David Koch's top PR captain--AFP president Tim Phillips--and other Virginia politicians like Lt. Governor Bill Bolling.
We'll see if the renewable energy rollback is a point of discussion at AFP's event. Americans for Prosperity has promoted a fossil fuel agenda since David Koch helped re-birth AFP from its predecessor, Citizens for a Sound Economy, which was also run by the Kochs and Koch Industries executive Richard Fink.
Ken Cuccinelli's Dirty Money:
Mr. Cuccinelli's financial conflicts of interest have drawn extra attention to this discussion on Virginia's commitment to renewable energy. Huffington Post reported that Intrust Wealth Management, a company whose board of directors has included Charles Koch since 1982, gave Cuccinelli $50,000 for his failed gubernatorial election bid, on top of a previous $10,000 from Koch Industries. Also on the Cuccinelli payroll were coal interests like Dominion Energy, CONSOL Energy and Alpha Natural Resources (which purchased the mountain top removal menace, Massey Energy).
Mr. Cuccinelli is used to being bankrolled by dirty interests. According to the National Institute for Money in State Politics, from 2003-2011 the following interests were top supporters of his VA Senate and Attorney General election campaigns:
COAL MINING AND BURNING: $161,796
- $46,500 from Dominion Resources -- ALEC member
- $42,000 from Alpha Natural Resources
- $10,000 from Massey Energy -- merged with Alpha after a fatal mining disaster
- $33,000 from Consol Energy
- $16,750 American Electric Power -- ALEC member
- $6,996 from the Virginia Coal Association
- $6,550 from Norfolk Southern, a railroad company that transports and markets coal
TOBACCO INTERESTS: $58,000
- $24,500 from Altria (owns Phillip Morris) -- ALEC member, ALEC Private Enterprise Board member
- $10,000 from U.S. Smokeless Tobacco (owned by Altria)
- $12,500 from Bailey's Cigarettes
- $11,000 from S&M Brands (owned by Bailey's)
GUN LOBBY: $17,000
- $17,000 from the National Rifle Association (many of the illegal guns in this country are from Virginia gun shows) -- ALEC member
CORPORATE POLLUTER LOBBYING FIRMS: $19,562
- $11,250 from Hunton & Williams, a corporate lobbying firm that runs the coal front group Utility Air Regulatory Group (UARG) to interfere with EPA pollution controls. Hunton was also caught up in a scandal to monitor and smear political opponents of Bank of America and the U.S. Chamber of Commerce.
- $8,312 from Troutman Sanders, a corporate lobbying firm that has recently represented coal and tobacco interests like Duke Energy, the National Mining Association, Southern Company, Peabody Energy, and Altria.
Dirty energy interests like Dominion, AEP, Duke Energy, Peabody and others are using their political allies and groups like ALEC alike to attack renewable energy across the board, in coordination with a familiar public relations play that victimizes dirty coal operations and mocks all forms of clean energy.
Coal pollution from companies like these prematurely kill thousands of Americans each year. The Clean Air Task Force notes that government action to reduce coal pollution has a direct effect on reducing these needless deaths. A peer-reviewed report by the late Paul Epstein in the Annals of the New York Academy of Sciences estimated up to $500 billion--half a trillion dollars--in annual costs to society from the life cycle of coal.
Clean energy generation doesn't pose the same terrible threats to our economy, air, water, health, and the global climate that life on this planet is adapted to, but good luck telling that to Ken Cuccinelli, another politician captured by the pollution lobby.
Today at a well-attended energy forum hosted by Politico, I shed some light on the role of coal lobbyist Jeffrey Holmstead in blocking pollution reductions for his coal utility and mining clients after he said we can't "regulate our way to clean energy." Here's the video:
UPDATE 11/16: Holmstead was later confronted on camera by Gabe Elsner of the Checks and Balances Project after the disruption at the Politico forum. Watch Holmstead re-write the history of his attacks on mercury pollution laws:
As I waited inside for Mr. Holmstead to step on stage, members of Greenpeace's Climate Crime Unit stood outside handing out WANTED posters of both Holmstead and chief oil lobbyist Jack Gerard of the American Petroleum Institute, who was also present.
Jeff Holmstead, who is often quoted in newspapers as a former Air and Radiation Administrator for the George W. Bush Environmental Protection Agency or a "partner" (read: lobbyist) at Bracewell & Giuliani's corporate law firm here in DC, is rarely credited as an influence peddler for some of the most notorious polluters in the country.
Polluters like Duke Energy, Southern Company, and Arch coal are paying Holmstead's bills. These laggard coal-reliant companies are responsible for ecologically destructive coal mining and the carbon dioxide emissions that drive global climate change, not to mention a litany of dangerous pollutants.
Jeff Holmstead's job as their lobbyist is to delay any clean air rules, clean water rules or climate change laws that threaten the billions in profit these companies make by getting to pollute for free. Since he started officially working for them, his firm has been paid over $13.7 million dollars for the dirty work of Holmstead and his partners at Bracewell & Giuliani. He is the perfect example of the political revolving door: he was a coal lobbyist who was placed at the head of our government's clean air department before jumping back on the payroll of coal companies to dismantle the rules he was supposed to uphold. Here are some of
Holmstead's greatest polluter hits:
- Eight years of delay for mercury pollution controls at US power plants. As part of the George W. Bush EPA, Holmstead swapped out a technology-based solution to mercury emissions from coal plants with a rule that was later declared illegal by a US District Court. This bait-and-switch happened in December, 2003; it took the US EPA until Dec. 2011 to put the effective mercury rule back in place. EPA currently estimates that up to 11,000 people's lives could be saved each year by controlling mercury pollution--see EPA Factsheet.
- Led the Bush administration's "Clear Skies Initiative," a deceptively-titled name for a series of proposed air pollution laws that actually allowed for more coal pollution.
- Attacks on greenhouse gas regulations through the Clean Air Act: Holmstead was the infamous co-author behind the scenes of Senator Lisa Murkowski's "Dirty Air Act" in 2010.
- Ongoing attacks on pollution controls through ERCC front group: the "Electric Reliability Coordinating Council" is a coal industry front group run out of Holmstead's office. They have worked to block any regulation of poisonous coal ash, greenhouse gas emissions from coal and the mercury pollution controls that Holmstead already delayed for eight years.
- Work for a Koch front group that denied the existence of acid rain: "Citizens for the Environment" was a spinoff of the Koch-founded Citizens for a Sound Economy, which eventually became David Koch's Americans for Prosperity. Citizens for the Environment had no actual citizen membership, according to the New Yorker.
FOR MORE: See Jeff Holmstead's PolluterWatch profile.
“Mr. Holmstead, Southern Company and Duke Energy pay you to block those regulations. They pay you to block climate legislation. They don’t want clean energy. You need to be reported as the coal lobbyist that you are. When you were in the George W. Bush EPA you blocked mercury controls on power plants for eight years. Eight years—do you know how many thousands of people may have died as a result of that decision, Mr. Holmstead? You need to be held accountable for that. You need to be held accountable as a lobbyist for coal interests.” (click to return to top)
Crossposted from Greenpeace USA.
In the midst of attacks from Congress on virtually all things environmental, EPA has announced a rule to reduce emissions of mercury and other toxic air pollution. The two-decade history of this long-developing rule is a frustrating anecdote of the success of the anti-public health coal lobby.
Coal industry has contributed heavily to the campaign coffers of our lawmakers. Senator Inhofe (R-OK), America's most iconic politician against environmental logic, introduced the speciously entitled CARE Act. When it comes to public health, the bill is better called the 'Don't Give a Damn Act.' CARE would strip EPA's ability to protect people against airborne toxics. American Electric Power is clearly supportive of Inhofe's stalling bill. Other companies willing to pay evil lobbyists, but not to pay to invest in pro-public pollution technology, include Southern Energy and Duke Energy.
To their disappointment, this rule requires polluters reduce emissions of heavy metals, toxic gases, and other dangerous pollutants. Let's be clear, these companies have a choice.
'Mad hatter's disease,' named after a symptom of mercury exposure, wreaks havoc on the central nervous system and eventually the entire body. Also called Minimata disease, named after the river and community who suffered from wanton mercury pollution by industry in Japan, chronic mercury poisoning has been studied for several decades now.
Mercury contributes to thousands of deaths annually and may adversely affect the development of over 400,000 babies per year. Mercury exposure is serious problem for the lungs, brain, heart, stomach, kidneys, and the immune system. About 90% of human exposure is through the diet. Because of 'bioaccumulation' (mercury collects over time in organisms' bodies, including human bodies) and 'biomagnification' (concentration increases as animals eat other animals) we are most exposed through eating animal products. Newborn babies are most vulnerable, since they act as a mercury filter in the womb, and are exposed again through their mother's milk. Umbilical cord blood is a filter for a number of hazardous pollutants that include mercury. The only safe level of mercury exposure is zero.
Polluters have been spreading mercury around the country. Taller smokestacks never help. Much airborne mercury often falls back to the ground and waterways within only 100 or so miles, but since it doesn't breakdown it is re-emitted into the air, floats down streams, or is carried around by animals who ingest it. In 2008 about half the area of all rivers and lakes were under water contamination advisories, 80% of which was due to mercury pollution.
Most coal-fired power plant owners have not yet opted to install easily available technology that could reduce up to 90% of their mercury emissions. The majority of mercury poisoning is linked to burning coal. Some of this is transboundary pollution from burning coal in other countries. Fortunately, the US administration is constructively engaged in international discussions to reduce transboundary airborne mercury pollution. A positive outcome at the next international meetings surely depends on a strong rule. This rule is supposed to be finalized by November, whereas the next round of international mercury talks is the first week of the same month.
This new EPA rule would reduce our exposure to many of the most toxic substances humans have ever encountered (and created). Everyone knows arsenic is poisonous. Notwithstanding Frank Capra's masterpiece adaptation of Arsenic and Old Lace, we cannot blame widespread arsenic contamination on Cary Grant's well-meaning aunts. The main culprit is coal, always dirty and filthy.
Rainforest Action Network (RAN) has profiled some of Chevron's most offensive operatives as part of their campaign to make the oil giant take responsibility for massive pollution in Ecuador. After almost three decades of drilling activity that ended in 1990, over 18.5 billion gallons of toxic waste was knowingly and haphazardly abandoned by Texaco, which was purchased by Chevron in 2001.
Despite documented human rights abuses worldwide, Chevron has insisted it is not guilty of poisoning Ecuadorian people (and the soil and waterways that sustain them). Chevron has crafted its case through aggressive denial, distracting advertising, staggering amounts of money, and "Human Rights Hitmen" willing to dodge and lie at the expense of people and ecosystems, intentionally boxed out of sight and mind.
RAN profiled the following Chevron Human Rights Hitmen:
- R. Hewitt Pate: Chevron vice president and general counsel. Pate was a Justice Department lawyer during the Bush Administration, branded by RAN as "Chevron's Karl Rove" for his distraction tactics, fabricating small-scale scandals on part of Ecuadorians and their allies in order to ignore Chevron's large-scale guilt.
- Diego Borja: Chevron's self-described "dirty tricks operative." Beyond linking Chevron to an "independent" U.S. lab testing samples from contaminated waste sites, Borja videotaped an Ecuadorian judge presiding over the lawsuit against Chevron and released footage edited to imply that the judge had accepted a bribe (he had not). The judge was dismissed from the case.
- Andrea E. Neuman and Randy M. Mastro. Both Neuman and Mastro are veteran corporate influence peddlers with DC law firm Gibson, Dunn & Crutcher, drawing attention away from the suffering of plaintiffs against Chevron by conjuring pointed personal attacks and claims of bias by the Ecuardorian legal system. Neuman specializes in stomping wronged citizens at the behest of major polluters like Dole Foods and Lockheed Martin.
- Sam Anson: Working for Kroll, one of several PR companies hired by Chevron, Anson was caught attempting to hire a journalist to spy on Ecuadorian plaintiffs suing Chevron. The journalist turned down the $20,000 offer and made the scandal public.
More on the campaign to hold Chevron responsible for its crimes in Equador can be found at Rainforest Action Network and Amazon Watch, among others documenting the true cost of Chevron's toxic legacy [PDF]. More on Chevron can be found in our Polluter Watch profile.
The fossil fuel industry knows that its time is running out. While their influence and profits are still enormous, we can see from increasing shifts to unconventional extraction methods--hydraulic fracturing, deepwater drilling, tar sands mining, and other examples--that easily accessible fossil fuels are dwindling. That's a pretty clear indicator that they will not last indefinitely, before even considering how burning dirty fuel to the last particle will cook the Earth, not to mention the casualties along the way. You know, like the Gulf of Mexico, or the people of the Athabasca watershed, or those whose wells are now full of poisoned [PDF] or flammable water.
Unfortunately, for people who care about the future of humanity and the vast variety of species were are dragging to extinction [PDF] through the climate crisis, profit is the key factor for fossil fuel barons and their influence peddlers. With time running out and industry insiders well aware of it, Big Fossil is focusing on how to preserve itself for as long as possible. Creating a public relations war over the seriousness of global climate disruption has been the keystone tactic in this process.
Companies recognize the benefits of investing in public doubt, and unfathomable sums have been dumped into this effort across the board, whether through the grossly unapologetic Koch Industries or ExxonMobil, or more slyly by the likes of Chevron or Duke Energy. Industry misinformation is then pushed to the public through astroturf front groups (like the Koch-funded and -founded Americans for Prosperity), through advertising campaigns (like those run by the American Coalition for Clean Coal Electricity), and by hiring "scientists" or "experts" with that special lack of integrity and credibility that allows a person to earn money at the expense of a far, far broader population. As this happens, Congress and federal offices are constantly being filled with polluter servants instead of public servants, taking massive campaign donations or cutting career deals in order to further enrich Polluters, Inc.
As if the battle wasn't uphill enough, we now have witnessed the first round of elections post-Citizens United, in which powerhouses like the U.S. Chamber of Commerce raised tens of millions of dollars from the corporate titans it serves and funneled the money into attack ads, sending a warning message to politicians who aren't bending over backwards for big business, if not delivering a crippling blow to their election campaigns.
Now wouldn't be a bad time to look up the definition of "democracy." Google it now, before net neutrality is a thing of the past.
In coordination with the launch of a new Chevron ad campaign aimed at boosting public approval of their perceived corporate responsibility, the Yes Men, Rainforest Action Network and Amazon Watch carried out an elaborate public relations jam in which Chevron appeared to be owning up to its environmental and human rights crimes around the world. Yeah, right.
The fake webpage and press release that the Yes Men published fooled several media outlets before they realized they were a juxtaposition of Chevron's continued corporate offenses. Chevron released a reaction to the press, but the Yes Men countered with their own statement on behalf of the oil giant through another fake webpage, causing further confusion. The fake response drew more attention to Chevron's multi-million dollar advertising budget and the ongoing lawsuit in Ecuador over Chevron's role in cleaning up after Texaco, which it purchased in 2001. The merger was steered by current Chevron CEO John Watson.